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HomeMy WebLinkAbout11/08/10 Board of Public Work MinutesPUBLIC AGENDA SESSION NOVEMBER 4 2010 336 The Public Agenda Session of the Board of Public Works was convened at 10:34 a.m. on Thursday, November 4, 2010, by Board President Gary A. Gilot, with Board Members Donald E. Inks and Carl P. Littrell present. Also present was Board Attorney Cheryl Greene. Board of Public Works Clerk, Linda M. Martin, presented the Board with a proposed agenda of items presented by the public and by City Staff, APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF PROPOSALS — NEW SYNTHETIC TURF PLAYING SURFACE — COVELESKI STADIUM — PROJECT NO. 110 - 008J (SBCDA TIC In a memorandum to the Board, Mr. Bill Schalliol, Community & Economic Development, requested permission to advertise for the receipt of proposals for the above referenced project. Mr. Littrell stated this will be awarded based on a point scoring system, not necessarily the lowest proposal. Attorney Cheryl Greene stated she would check the law regarding the time table for Requests for Proposals. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS --- DEMOLITION OF 621 SCOTT STREET FORMER MILLENNIUM ENVIRONMENTAL SITE REMEDIATION — PROJECT NO. 110 -078 (CODE NSP FUND In a memorandum to the Board, Mr. Rob Nichols, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the above request was approved. APPROVAL OF AGREEMENTSICONTRACTSIPROPOSALS /ADDENDA The following Agreements /Contracts /Proposals /Addenda were submitted to the Board for approval by Mr. Bill Schalliol, Community and Economic Development. Mr. Gregg Zientara, City Controller, questioned what would happen if the Common Council does not approve the Bond that will be funding the Coveleski Stadium project. Mr. Inks stated the Board of Works should approve the Proposal from Wightman Petrie, subject to the appropriation of funds by the Council. Mr. Zientara questioned if by approving, are TIF funds committed and does that allow for the contractor to place a claim against the City. Mr. Inks noted some work has already been done under this contract and the City already owes the contractor money. Board Attorney Cheryl Greene noted it is the Redevelopment Commission that approves TIF funds. Mr. Inks added in case the Council does not approve the Bond, this should be approved granting the City to stop any future work. Mr. Dave Rafinski, Wightman Petrie, informed the Board that most of the proposed elements in the hard design and the Synagogue design are already done; the outfield wall bids will be opening; and the turf bids are already out for bid. He noted $330,000 of work is already done. Mr. Rafinski stated it was necessary in order to meet the July 4, 2011 deadline, to begin the process. Mr. Zientara questioned if this is a normal process. Mr. Inks stated it is normal to go out for bids on a Bond issue before the Council approves the bond funding. He stated his motion to approve is subject to the City's ability to stop the work if the Council does not approve the bond funding. Type Business Description Amount Motion/ Second Addendum Redevelopment Add Coveleski Stadium SBCDA TIF Inks/Littrell to Master Commission Improvements — Phase 2 Agency Agreement Interlocal South Bend Coveleski Stadium NIA Inks /Littrell Agreement Board of Park Improvements — Phase II - Commissioners Project No. 110 -087 and Redevelopment Commission Professional Wightman Petrie Coveleski Stadium $929,000 Inks /Littrell Services Improvements — Project (SBCDA Subject to Proposal No. 110 -087 TIF) Common Council Appropriation of Funds and Subject to the City Retaining PUBLIC AGENDA SESSION NOVEMBER 4 2010 337 AW ARDDQUOTATION — MORRIS PERFORMING ARTS CENTER AWNING REPAIR_ In a Memorandum to the Board, Mr. Rob Nichols, Engineering, advised the Board that it was brought to his attention by Mr. Dennis Andres, Morris Performing Arts Center Director, that the awnings were falling off of the building. After inspecting the site, Mr. Nichols obtained three (3) quotes to repair the supports. After reviewing those quotations, Mr. Nichols recommended that the Board award the contract to the lowest responsive and responsible bidder, Ziolkowski Construction, 1005 South Lafayette Blvd., South Bend, Indiana, 46601, in the amount of $10,360. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Mr. Inks seconded the motion, which carried. Board members discussed the following items from the agenda: - Ratify Professional Services Proposal — Design of East Bank Sewer Separation Mr. Gregg Zientara, City Controller, questioned whether the budget was in place for this project with Lawson - Fisher Associates. Mr. Nichols stated the funding should be changed to 2007 Sewer Bond. Mr. Zientara stated that would be a more appropriate source of funding. - Change Order — Memorial Hospital Streetscapes Improvements Mr. Toy Villa, Engineering, noted this increase in the scope of work is due to an issue in the design of the project. It was discovered that AT &T had a line five (5) feet down at the east curb line of a proposed seven (7) foot deep storm sewer. Mr. Gilot questioned how that happens. Mr. Villa stated AT &T said they provided a drawing to the architect, the architect said they didn't receive a drawing. Mr. Villa noted the drawings don't show the depth measurements on AT &T lines. Mr. Villa stated there will be more change orders on this project due to problems on Madison and Main Streets with drainage. Mr. Littrell questioned what the over -runs would be and noted they may affect the award of Phase II. Mr. Villa stated he is hopeful with the over -runs and under -runs, the project will be on budget. Mr. Villa noted the changes will delay the completion of the project until next year. Mr. Gilot informed the Board that Memorial Hospital is working with the City on making their parking lot a green project example. He noted they are using a combination of porous and pervious concrete, and concrete blocks for drainage into a rain garden, and eliminating underground drainage systems. Mr. Inks questioned if this costs less. Mr. Gilot noted it actually costs more, but is a better, cleaner system. - Professional Services Agreement — Emergency Leak Detection for Water Systems Mr. Bob Krol, Water Works, stated that ME Simpson has leak detection equipment that the City does not have. He stated this leak detection service saves a lot of time and money in locating the source of water leaks that otherwise take needless drilling and time spent searching for the source. Mr. Gilot added this is a specialized service. - Bid Award Extension — Ductile Iron Pipe Mr. Bob Krol, Water Works, informed the Board that Water Works is again requesting to extend their bid award to Underground Pipe and Valve another year for the purchase of ductile iron pipe. Mr. Krol stated Underground Pipe and Valve has offered to extend their pricing discount offered in 2007 to the City which will result in substantial savings to the City. - Resolution No. 70 -2010 — Approving a Policy for the Sewer Insurance Program Mr. Gilot informed the Board that there is an Ordinance in place regarding Sewer Insurance, now a Policy is being drawn up based on that Ordinance, with the intent to coach the Sewer staff on the policy, and allow for some leeway on that policy. - Addendum to Agreement — Near Northwest Neighborhood, Inc. Mr. Inks informed the Board that this addition of the property at 632 Portage Avenue was for a house that burned and needed to be demolished. Mr. Gilot noted the owners were part of the City's Curb and Sidewalk program and still had a small balance to pay off. He requested the balance be waived in light of the loss of their property. - Alley Vacation Request — North/South Alley from Bryan Street North to the East/West Alley, East of Inglewood and West of Sherman Mr. Littrell informed the Board that the petitioner, Willie Rogers, would need to close the curb and sidewalk across the alley approach, and get the approval of the neighbors on the location of the fence. the Right to Stop Future Work if Funding is Not A propriated AW ARDDQUOTATION — MORRIS PERFORMING ARTS CENTER AWNING REPAIR_ In a Memorandum to the Board, Mr. Rob Nichols, Engineering, advised the Board that it was brought to his attention by Mr. Dennis Andres, Morris Performing Arts Center Director, that the awnings were falling off of the building. After inspecting the site, Mr. Nichols obtained three (3) quotes to repair the supports. After reviewing those quotations, Mr. Nichols recommended that the Board award the contract to the lowest responsive and responsible bidder, Ziolkowski Construction, 1005 South Lafayette Blvd., South Bend, Indiana, 46601, in the amount of $10,360. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Mr. Inks seconded the motion, which carried. Board members discussed the following items from the agenda: - Ratify Professional Services Proposal — Design of East Bank Sewer Separation Mr. Gregg Zientara, City Controller, questioned whether the budget was in place for this project with Lawson - Fisher Associates. Mr. Nichols stated the funding should be changed to 2007 Sewer Bond. Mr. Zientara stated that would be a more appropriate source of funding. - Change Order — Memorial Hospital Streetscapes Improvements Mr. Toy Villa, Engineering, noted this increase in the scope of work is due to an issue in the design of the project. It was discovered that AT &T had a line five (5) feet down at the east curb line of a proposed seven (7) foot deep storm sewer. Mr. Gilot questioned how that happens. Mr. Villa stated AT &T said they provided a drawing to the architect, the architect said they didn't receive a drawing. Mr. Villa noted the drawings don't show the depth measurements on AT &T lines. Mr. Villa stated there will be more change orders on this project due to problems on Madison and Main Streets with drainage. Mr. Littrell questioned what the over -runs would be and noted they may affect the award of Phase II. Mr. Villa stated he is hopeful with the over -runs and under -runs, the project will be on budget. Mr. Villa noted the changes will delay the completion of the project until next year. Mr. Gilot informed the Board that Memorial Hospital is working with the City on making their parking lot a green project example. He noted they are using a combination of porous and pervious concrete, and concrete blocks for drainage into a rain garden, and eliminating underground drainage systems. Mr. Inks questioned if this costs less. Mr. Gilot noted it actually costs more, but is a better, cleaner system. - Professional Services Agreement — Emergency Leak Detection for Water Systems Mr. Bob Krol, Water Works, stated that ME Simpson has leak detection equipment that the City does not have. He stated this leak detection service saves a lot of time and money in locating the source of water leaks that otherwise take needless drilling and time spent searching for the source. Mr. Gilot added this is a specialized service. - Bid Award Extension — Ductile Iron Pipe Mr. Bob Krol, Water Works, informed the Board that Water Works is again requesting to extend their bid award to Underground Pipe and Valve another year for the purchase of ductile iron pipe. Mr. Krol stated Underground Pipe and Valve has offered to extend their pricing discount offered in 2007 to the City which will result in substantial savings to the City. - Resolution No. 70 -2010 — Approving a Policy for the Sewer Insurance Program Mr. Gilot informed the Board that there is an Ordinance in place regarding Sewer Insurance, now a Policy is being drawn up based on that Ordinance, with the intent to coach the Sewer staff on the policy, and allow for some leeway on that policy. - Addendum to Agreement — Near Northwest Neighborhood, Inc. Mr. Inks informed the Board that this addition of the property at 632 Portage Avenue was for a house that burned and needed to be demolished. Mr. Gilot noted the owners were part of the City's Curb and Sidewalk program and still had a small balance to pay off. He requested the balance be waived in light of the loss of their property. - Alley Vacation Request — North/South Alley from Bryan Street North to the East/West Alley, East of Inglewood and West of Sherman Mr. Littrell informed the Board that the petitioner, Willie Rogers, would need to close the curb and sidewalk across the alley approach, and get the approval of the neighbors on the location of the fence. PUBLIC AGENDA SESSION NOVEMBER 4, 2010 338 - Public Hearings --- Award of Damage on Account of Eminent Domain Board Attorney Cheryl Greene stated she expects the homeowner of one of the properties to be present with his attorney for this Hearing. Mr. Gilot requested the Public Hearing be moved to after the Bid and Quote openings on the agenda. He stated he did not want the contractors to have to sit through the Hearing, which could be lengthy, waiting for the bid openings. The Clerk was instructed to post the agenda and notify the media and other persons who have requested notice of the meeting agenda. No other business came before the Board. The meeting adjourned at 11:48 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President Donald E. Inks, Member Carl P. Littrell, Member ATTEST: 1 i�da M. Martin, Clerk REGULAR MEETING NOVEMBER 8, 2010 The regular meeting of the Board of Public Works was convened at 9:33 a.m. on Monday, November 8, 2010, by Board President Gary A. Gilot, with Board Members Donald E. Inks and Carl P. Littrell present. Also present was Board Attorney Cheryl Greene. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the minutes of the Agenda Session, Regular Meeting and Claims Meeting of the Board held on October 21, 2010, October 25, 2010, and November 1, 2010, were approved. OPENING AND AWARD OF BIDS — DEMOLITION OF EXISTING OUTFIELD WALL & CONSTRUCTION OF NEW OUTFIELD WALL COVELESKI STADIUM — 110 -008 I (SBCDA TIF) This was the date set for receiving and opening of sealed bids for the above referenced project. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri- County News, which were found to be sufficient. The following bids were opened and publicly read: L L GEANS 1923 North Home Street Mishawaka, Indiana 46545 Bid was signed by: Mr. Rocky Geans Non- Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted BID: Base Bid __F $345,000.00 REGULAR MEETING NOVEMBER 8, 2010 339 Alternate 1 - Chain Link Construction Fence $13,000.00 ANCON CONSTRUCTION 2146 Elkhart Road Goshen, Indiana 46526 Bid was signed by: Mr. John Place Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted :M Base Bid $355,800.00 Alternate 1 - Chain Link Construction Fence $14.25 /LF CASTEE_L CONSTRUCTION CORP. 23186 West Ireland Road South Bend, Indiana 46614 Bid was submitted by: Mr. R.V. Casteel Non- Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted 1a Base Bid $368,000.00 Alternate I - Chain Link Construction Fence $25.00 /LF ROBERT HENRY CORP. 404 South Frances Street P.O. Box 1407 South Bend, Indiana 46628 Bid was signed by: Mr. Stephen Henry Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted L-0 10 Base Bid $373,000.00 Alternate 1 - Chain Link Construction Fence $8.00 /1,17 GRAND RIVER CONSTRUCTION INC. 5025 401 Avenue Hudsonville, Michigan 49426 Bid was signed by: Mr. William. Kersaan Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted I Base Bid $375,600.00 Alternate 1 - Chain Link Construction Fence $5.50/LF REGULAR MEETING NOVEMBER 8 2010 340 ZIOLKOWSKI CONSTRUCTION INC. 1005 South Lafayette Boulevard South Bend, Indiana 46601 Bid was signed by: Mr. Bill Favors Non- Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted Base Bid $416,900.00 Alternate I - Chain Link Construction Base Bid I Fence $8.00 /LF PREMIUM CONCRETE SERVICES, INC. 4331 Pine Creek Road Elkhart, Indiana 46516 Bid was signed by: Mr. Max Yeakey Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted I Base Bid $440,950.00 Alternate 1 - Chain Link Construction Base Bid I Fence $2,290.00 LAPORTE CONSTRUCTION PO Box 577 LaPorte, Indiana 46352 Bid was signed by: Mr. Jason DeHaven Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted 11 Base Bid $626,224.()0 Alternate I - Chain Link Construction Base Bid I Fence $15.00 /LF Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above bids were referred to Community & Economic Development and their consultant for review and recommendation. Upon review Mr. Rob Nichols, Engineering, recommended the quotation be awarded to the lowest responsive and responsible bidder L.L. Geans Construction Co., Inc., in the amount of $345,000.00, which is the base bid. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded subject to final appropriation of funding by the Redevelopment Commission and the Common Council, and the Construction Contract be approved as outlined above. Mr. Littrell seconded the motion, which carried. OPENING AND AWARD OF QUOTATIONS — DEMOLITION OF 236 EAST SAMPLE STREET —PROJECT NO. 110 -074 AEDA /TIF Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referenced project. The following Quotations were opened and read: Company Name Address Bid was signed Base Bid I Jackson Trucking & 9067 West 100 North Harvey Excavatin Kewana, Indiana 46939 Jackson, 111 $60,345.00 53767 CR 9 C &E Excavatin , inc. LEIkhart, Indiana 46514 Thad Bessie er $67,801.50 REGULAR MEETING NOVEMBERS 2010 341 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above Quotations .:...:......:. were referred to Community and Economic Development and Engineering for review and recommendation. Upon review, Mr. Toy Villa, Engineering, recommended the quotation be awarded to the lowest responsive and responsible quoter, Jackson Trucking & Excavating, in the amount of $60,345.00. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the quote be awarded and the Construction Contract approved as outlined above. Mr. Littrell seconded the motion, which carried. OPENING AND AWARD OF. QUOTATIONS — MAIN STREET & JEFFERSON BOULEVARD SITE IMPROVEMENTS —PROJECT N _ 0.110- 072- (SBCDAITIF) Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for concrete work and landscaping for the above referenced project. The quotes for each part of the project were read and evaluated separately. Concrete Work: Base Ric] I Company Name 1674 North 750W Beverly Base Bid I Jackson Services Rochester, Indiana 46975 Jackson $70,365.00 Landscaping 1204 West Sample Street Donald $6,783.00 Ritschard Bros., Inc. South Bend, Indiana 46601 Ritschard $73,991.60 Landscaping & 2010 Went Avenue Dan R &R Excavating, Inc. Mishawaka, Indiana 46545 William Loudin $75,627.50 L.L. Geans 825 South Fellows Street Torok Excavating, Inc. South Bend, Indiana 46601 William Torok $82,554.00 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above Quotations .:...:......:. were referred to Community and Economic Development and Engineering for review and recommendation. Upon review, Mr. Toy Villa, Engineering, recommended the quotation be awarded to the lowest responsive and responsible quoter, Jackson Trucking & Excavating, in the amount of $60,345.00. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the quote be awarded and the Construction Contract approved as outlined above. Mr. Littrell seconded the motion, which carried. OPENING AND AWARD OF. QUOTATIONS — MAIN STREET & JEFFERSON BOULEVARD SITE IMPROVEMENTS —PROJECT N _ 0.110- 072- (SBCDAITIF) Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for concrete work and landscaping for the above referenced project. The quotes for each part of the project were read and evaluated separately. Concrete Work: Base Ric] I Company Name Address Bid was signed Base Bid I Landmark 10882 McKinley Highway by: Landscaping 2603 North Foundation Drive Steve Sollida $6,783.00 McIntyre Jones, inc. South Bend, Indiana 46628 Kelly Healey $37,476.00 Landscaping & 530 Pulaski Street Dan Ortiz Concrete South Bend, Indiana 46619 Jose Ortiz $44,260.00 L.L. Geans 1923 North Home Street Construction Mishawaka, Indiana 46545 Norrle Emmons $59,791.00 Landscaning Work- Races Ric] IT Company Name Address Bid was signed by: Base Bid It Landmark 10882 McKinley Highway Landscaping Osceola, Indiana 46561 Steve Sollida $6,783.00 Fuerbringer Landscaping & 22530 Brick Road Dan Design, Inc. South Bend, Indiana 46628 Fuerbrin er $10,000.00 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above Quotations were referred to Community & Economic Development and their consultant for review and recommendation. Upon review, Mr. David Relos, Community & Economic Development, recommended the quotation for Base Bid I go to the lowest responsive and responsible quoter, McIntyre Jones, Inc., in the amount of $37,476.00. Mr. Littrell made a motion that the recommendation be accepted and the bid be awarded and the construction contract approved as outlined above. Mr. Inks seconded the motion, which carried. Mr. Relos recommended Base Bid Il be awarded to the lowest responsive and responsible quoter, Landmark Landscaping, in the amount of $6,783.00. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded and the Construction Contract approved as outlined above. Mr. Littrell seconded the motion, which carried. OPEN AND AWARD QUOTATION — CRANE SERVICE FOR REMOVAL OF DOWNTOWN GEORGE RICKEY SCULPTURES — PROJECT NO. 110 -088 (DOWNTOWN MF Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referenced project. The following Quotation was opened and read: CENTRAL RENT -A -CRANE 4240 Pine Creels Road Elkhart, Indiana 46516 REGULAR MEETING NOVEMBER 8, 2010 342 Quotation was submitted by Mr. John Staton QUOTATION: $2,920.00 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above Quotations were referred to Engineering and Community and Economic Development for review and recommendation. Upon review, Mr. Toy Villa, Engineering, recommended the quotation be awarded to the lowest responsive and responsible quoter, Central Rent -A- Crane, in the amount of $2,920.00. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded and the Construction Contract approved as outlined above. Mr. Littrell seconded the motion, which carried. PUBLIC HEARING - RESOLUTION NO. 71 -2010 —1050 BURNS AVENUE Mr. Gilot opened the Public Hearing, advising that this was the date set for the Board's Public Hearing concerning Resolution No. 71 -2010, Award of Damages on Account of Exercise of Eminent Domain at 1050 Burns Avenue. Cheryl Greene, Board Attorney, informed the Board that they have a choice of using the regular eminent domain statute or an expedited process provided when the Board is acquiring the property to "open, change, lay out, or vacate a street, an alley, or other public right- of-way" (IC 32- 24 -2 -6). Since both properties are being taken for use as a street, the expedited process is appropriate she noted. Ms. Greene stated that on June 14, 2010, the Board approved Resolution No. 38 -2010, stating its intent to acquire the properties. The Board heard remonstrances as to this issue on July 12, 2010 and adopted Resolution No. 43- 2010 confirming the original resolution. The Board subsequently adopted Resolution No. 67- 2010 for the Curry property and Resolution No. 68 -2010 for the Kariuki property specifying the amount of damages and setting a hearing on those damages for today. Ms. Greene informed the Board that all the procedures of the statute have been followed, and at today's Hearing the only action for the Board is to "sustain, or modify the damage awards ". If the property owner disagrees with the Board's decision, the property owner has twenty (20) days to file an appeal with a court. Ms. Greene noted the appeal affects only the assessment or award of damages. Mr. Jaynes Masters, Attorney for Mr. Curry, was present and addressed the Board. He noted that the letter of remonstrance he had forwarded to the Board had an error in paragraph four (4). The second line should state "the Board of Public Works is following a statutory procedure that does not apply..." Ms. Greene requested Mr. Master's summary of the remonstrances be incorporated into the legal record for both parties. She noted the Board will consider each property separately so they should be discussed individually. Assistant City Attorney Larry Meteiver addressed the Board stating he would first discuss Resolution No. 71 -2010 regarding 1050 Burns Ave., owned by Mr. Wayne Curry. Mr. Meteiver stated Resolution No. 67 -2010 was adopted by the Board on October 25, 2010 establishing acquisition costs at $114,000.00. The staff negotiated to come up with a purchase price and comparables within a six mile radius were evaluated. Subsequently $209,900.00 was offered to Mr. Curry on September 10, 2010 for his property. The offer was rejected by Mr. Curry, and his attorney Mr. James Masters has filed a remonstrance on behalf of Mr. Curry. Mr. Meteiver stated the only issue for the Board today is to establish the amount of the award of damages sustained. Mr. Masters informed the Board that there is a process of law involved that must be gone through before going to court and the City is not following the proper process in the taking of these properties. He stated the City is following the process for the taking of property for the purpose of laying out a street, and in this situation the property is being taken for the development of a private subdivision, not for a municipality. Mr. Masters noted the subdivision site plan shows Mr. Curry's property to be incorporated within new subdivision lots that will be developed by a private developer. For that reason, Mr. Masters noted, the taking is governed by the eminent domain statute. Mr. Masters noted the Statute requires the City to look at all good faith alternatives, including the consideration of a reasonable alternative to the exercise of eminent domain. He stated the City failed to consider the reasonable alternative of relocating Mr. Curry's home to another comparable lot in the proposed new subdivision. Mr. Masters stated there is no statutory provision or any other legal authority for the Clerk of the Board of Public Works to execute the proposed "Clerk's Deed" to transfer Mr. Curry's real estate to the City of South Bend. He added that should the Board of Public Works and the Clerk cause such executed documents to be recorded, that action will be a cloud on Mr. Curry's property and will be considered the basis for legal action against the City. He noted any attempt to take possession of Mr. Curry's property will be considered to be trespassing and will be dealt with as such according to law. Mr. Meteiver stated the Resolution before the Board contains alternatives of confirming or modifying the amount offered. He noted at the prior public hearing on the taking, the issue of laying out a street was discussed. He noted Mr. Masters stated the City REGULAR MEETING NOVEMBER 8,2010 343 shouldn't be using this process, but the process cited by Mr. Masters is for private properties and that is clearly not the case in this instance. He added that Mr. Masters has not offered an alternative amount for damages even after receiving an approved offer of $209,900.00. Board Attorney Cheryl Greene stated that a drawing has been provided to the Board showing how the properties are included in the public right-of-way, Mr. Inks questioned Mr. Masters if there are thoughts as to appropriate damages. Mr. Masters stated it is not his client's burden to come up with an amount. He added there should be three appraisals if following appropriate procedures. Mr. Gilot questioned whether the $209,900.00 amount is for damages and relocation. Ms. Hedy Robinson, Community and Economic Development confirmed that it was and it was based on comparable properties within a six (6) mile radius. She noted had they used comparables in the surrounding area of Mr. Curry's property, the appraisals would have been much lower. Mr. Gilot asked if there was anyone else present that wished to speak and finding there was not, he closed the Public Hearing. Mr. Inks made a motion the Board approve the award of damages for the property at 1050 Burns Avenue in the amount of $114,000.00 through Resolution No. 71 -2010. Mr. Gilot seconded the motion, which carried, and the following resolution was approved: RESOLUTION NO. 71-2010 A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS FINALIZING THE AWARD OF DAMAGES SUSTAINED TO PROPERTY LOCATED IN THE CITY OF SOUTH BEND, INDIANA, DUE TO THE EXERCISE OF EMINENT DOMAIN (1050 Burns Avenue, South Bend, Indiana) WHEREAS, on June 14, 2010, the Board of Public Works of the City of South Bend, Indiana (the "Board ") adopted Resolution No. 38 -2010, entitled "A Resolution of the City of South Bend Board of Public Works Related to Acquisition of Property in the City of South Bend, Indiana (Eddy Knolls Right of Way Street Project) " which determined the Board's intent and desire to acquire the property located at 1054 -1056 Burns Avenue, South Bend, Indiana (the "Property "); and WHEREAS, on July 12, 2010, the Board of Public Works of the City of South Bend, Indiana adopted Resolution No. 43 -2010, entitled "A Resolution of the City of South Bend Board of Public Works Confirming Acquisition of Property in the City of South Bend, Indiana (Eddy Knolls Right of Way Street Project) " which confirmed the Board's intent and desire to acquire the Property and which was conclusive as to all persons; and WHEREAS, on October 25, 2010, the Board of Public Works of the City of South Bend, Indiana adopted Resolution No. 67 -2010, entitled "A Resolution of the City of South Bend Board of Public Works Determining the Award of Damages Sustained to Property Located in the City of South Bend, Indiana, Due to the Exercise of Eminent Domain (1050 Burns Avenue, South Bend, Indiana) " which established the amount of damages to be paid based upon the City's information and which set a public hearing on November 8, 2010, for the Board to hear any remonstrance to the Board's action in Resolution No. 67 -2010; and WHEREAS, the property owner(s) having been served on October 28, 2010, with notice of the public hearing scheduled for November 8, 2010, and the Board, having heard any remonstrances filed in opposition to the Board's action in Resolution No. 67 -2010, now deems itself fully advised as to the damages resulting to such owners by reason of the appropriation as by law provided; NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of Public Works, as follows: 1. The Board now modifies Resolution No. 67 -2010 and awards damages sustained to the Owner(s) of the Property in the amount of $114,000.00 on account of the Board's acquisition of the Property. 2. A person remonstrating in writing who is aggrieved by this decision may, not later than twenty (20) days after the date of this decision, take an appeal to a court that has jurisdiction in St. Joseph County. REGULAR MEETING NOVEMBER 82010 344 The Clerk of the Board is authorized to execute a "Certificate of Taking" and a "Clerk's Deed" in the form tendered to the Board by the Assistant City Attorney. 4. This Resolution shall be in full force and effect upon its adoption and is subject to the appeal rights stated above. ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held on November 8, 2010, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s /Gary Gilot, President s /Carl Littrell, Member s /Donald Inks, Member ATTEST: s /Linda Martin, Clerk PUBLIC HEARING - RESOLUTION NO. 72 -2010 W --1054 — 1056 BURNS AVENUE Mr. Gilot opened the Public Hearing, advising that this was the date set for the Board's Public Hearing concerning Resolution No. 72 -2010, Award of Damages on Account of Exercise of Eminent Domain at 1054 - 1056 Burns Avenue. Attorney Larry Meteiver noted this is very similar to the prior matter of Resolution No. 71 -2010, for property at 1050 Burns Avenue. The first offer to the property owners, Sam and Betty Kariuki was on June 17, 2010 in the amount of $74,000.00. Subsequent negotiations with staff and appraisals based on a six (6) mile radius resulted in an offer of $145,000.00 on September 10, 2010, to include relocation. Mr. Masters stated without repeating everything already said, remonstrances have been filed in a timely manner and now it is up to the Board to decide what procedure they will follow. Board Attorney Cheryl Greene requested that Mr. Master's arguments be included in the record, just as the Board's arguments be included. Mr. Gilot questioned whether comparables had been looked at in this neighborhood. Ms. Hedy Robinson, Community and Economic Development, stated they looked at a six (6) mile radius. She noted had they looked in the immediate neighborhood, the comparables would have come in lower. Mr. Gilot stated if there was nobody else that wished to speak on the matter, he would close the Public Hearing. Therefore, Mr. Inks made a motion that the Board approve the award of damages for the taking of property located at 1054 -1056 Burns Avenue in the amount of $74,000.00 in the form of Resolution No. 72 -2010. Mr. Gilot seconded the motion, which carried, and the following Resolution was approved: RESOLUTION NO. 72-2010 A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS FINALIZING THE AWARD OF DAMAGES SUSTAINED TO PROPERTY LOCATED IN THE CITY OF SOUTH BEND, INDIANA, DUE TO THE EXERCISE OF EMINENT DOMAIN (1054 -1056 Burns Avenue, South Bend, Indiana) WHEREAS, on June 14, 2010, the Board of Public Works of the City of South Bend, Indiana (the "Board ") adopted Resolution No. 38 -2010, entitled "A Resolution of the City of South Bend Board of Public Works Related to Acquisition of Property in the City of South Bend, Indiana (Eddy Knolls Right of Way Street Project) " which determined the Board's intent and desire to acquire the property located at 1054 -1056 Burns Avenue, South Bend, Indiana (the "Property "); and WHEREAS, on July 12, 2010, the Board of Public Works of the City of South Bend, Indiana adopted Resolution No. 43 -2010, entitled "A Resolution of the City of South Bend Board of Public Works Confirming Acquisition of Property in the City of South Bend. Indiana (Eddy Knolls Right of Way Street Project) " which confirmed the Board's intent and desire to acquire the Property and which was conclusive as to all persons; and REGULAR MEETING NOVEMBER 8, 2010 345 WHEREAS, on October 25, 2010, the Board of Public Works of the City of South Bend, Indiana adopted Resolution No. 68 -2010, entitled "A Resolution of the City of South Bend Board of Public Works Determining the Award of Damages Sustained to Property Located in the City of South Bend, Indiana, Due to the Exercise of Eminent Domain (1054 -1056 Burns Avenue, South Bend, Indiana) " which established the amount of damages to be paid based upon the City's information and which set a public hearing on November 8, 2010, for the Board to hear any remonstrance to the Board's action in Resolution No. 68 -2010; and WHEREAS, the property owner(s) having been served on October 28, 2010, with notice of the public hearing scheduled for November 8, 2010, and the Board, having heard any remonstrances filed in opposition to the Board's action in Resolution No. 68 -2010, now deems itself fully advised as to the damages resulting to such owners by reason of the appropriation as by law provided; NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of Public Works, as follows: The Board now modifies Resolution No. to the Owner(s) of the Property in the a Board's acquisition of the Property. 68 -2010 and awards damages sustained lounts of $74,000.00 on account of the 2. A person remonstrating in writing who is aggrieved by this decision may, not later than twenty (20) days after the date of this decision, take an appeal to a court that has jurisdiction in St. Joseph County, 3. The Clerk of the Board is authorized to execute a "Certificate of Taking" and a "Clerk's Deed" in the form tendered to the Board by the Assistant City Attorney. 4. This Resolution shall be in full force and effect upon its adoption and is subject to the appeal rights stated above. ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held on November 8, 2010, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s /Gary Gilot, President s /Carl Littrell, Member s /Donald Inks, Member ATTEST: s /Linda Martin, Clerk AWARD BID AND APPROVE CONTRACT— CENTURY CENTER WATER SOFTENER REPLACEMENT —PROJECT NO. 110 -063 CENTURY CENTER Mr. John Engstrom, Engineering, advised the Board that on October 25, 2010, bids were received and opened for the above referenced project. In a letter to the Board, Thomas Cook, P.E., M/E Design Services, noted that the low bidder, Dynamic Mechanical, submitted three items that deviated from the Bid Specs. Their bid was for a smaller size tank than what was specified; the concrete equipment pad was excluded from their bid; and the hours of work were contrary to the project scheduling stipulations. Therefore, after reviewing the bids, Mr. Engstrom recommended that the Board award the contract to the second lowest responsive and responsible bidder Delco, Inc., 2720 E. Michigan, Michigan City, Indiana, 46360, in the amount of $54,440.00. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded and the Contract approved as outlined above. Mr. Gilot seconded the motion, which carried. EXTEND BID AWARD — DUCTILE IRON PIPE (WATER 2010 AND 2011 CAPITAL) Mr. Dave Tungate, Water Works, advised the Board that Underground Pipe and Valve, 1077 Oliver Plow Court, South Bend, Indiana, 46624, was awarded the bid for 2010 for the above material. In a letter to Mr. Tungate, they have offered to extend their bid with prices for 2011 REGULAR MEETING NOVEMBER 8, 2010 346 being determined by the formula in the previous contract documents allowing the City a substantial savings over market prices. They noted the prices will be set on November 13, 2010. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be extended for 2011. Mr. Littrell seconded the motion, which carried. APPROVE CHANGE ORDER NO. I — MEMORIAL HOSPITAL STREETSCAPES IMPROVEMENTS —PROJECT NO. 110 -091 (MEDICAL TIF) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. I on behalf of Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana 46614, indicating the Contract amount be increased by $75,326.75 for a new Contract sum, including this Change Order, in the amount of $2,110,547.20. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 2 — BLOWERS 1A & IB REPLACEMENT — PROJECT NO. 109 -074 (SEWER BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 2 on behalf of Bowen Engineering Corp., 1110 Arrowhead Court, Suite B, Crown Point, Indiana 96807, indicating the Contract amount be increased by $12,640.00 for a new Contract sum, including this Change Order, in the amount of $2,175,763.00. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 9 — TRAFFIC SIGNAL MODERNIZATION (MISHAWAKA AVENUE) — PROJECT NO. 108 -065 (FHWA) Mr. Gilot advised that Ms. Thia Vawter, Engineering, had submitted Change Order No. 9 on behalf of Michiana Contracting, Inc., 7843 Lilac Road, PO Box 929, PIymouth Indiana 46563, indicating the Contract amount be increased by $5,396.16 for a new Contract sum, including this Change Order, in the amount of $593,756.27. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 3 — TRAFFIC SIGNAL MODERNIZATION (WESTERN AVENUE ) — PROJECT NO. 108 -065 FHWA Mr. Gilot advised that Ms. Thia Vawter, Engineering, had submitted Change Order No. 3 on behalf of Michiana Contracting, Inc., 7843 Lilac Road, PO Box 929, Plymouth Indiana 46563, indicating the Contract amount be increased by $5,396.16 for a new Contract sum, including this Change Order, in the amount of $658,738.96. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 10 — TRAFFIC SIGNAL MODERNIZATION — PROJECT NO. 108 -065 (FHWA) Mr. Gilot advised that Ms. Thia Vawter, Engineering, had submitted Change Order No. 10 on behalf of Michiana Contracting, Inc., 7843 Lilac Road, PO Box 929, Plymouth Indiana 46563, indicating the Contract be extended for thirty -one days for a new completion date of November 11, 2010. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Change Order was approved. APPR ONED QU ST O ,ADVERTISE FOR THE RECEIPT OF BIDS — SALE OF Ms. Kathy Eli, Department of Code Enforcement, requested permission to advertise for the sale of approximately fourteen (14) abandoned vehicles, which are being stored at Super Auto Salvage Corporation, 201 West Sherwood, South Bend, Indiana. It was noted that all vehicles have been stored more than fifteen (15) days, identification checks have been run for auto theft, and the owners and lien holders notified. Upon a motion made by Mr. Inks, seconded by Mr. Littrell, and carried, the above request was approved. APPROVE TITLE SHEET— IRONWOOD VILLAS NORTH PHASE 2 — LANG FEENEY & ASSOCIATES Mr. Gilot advised that the Title Sheet for the above referenced project was being presented at this time for execution. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above referenced Title Sheet was approved and signed. ADOPT RESOLUTION NO. 70 -2010 — ADOPTING A POLICY FOR THE SEWER INSURANCE PROGRAM REGULAR MEETING NOVEMBER 8 2010 347 Board Attorney Cheryl Greene stated this Resolution requires a higher level policy decision in order to operate the sewer insurance program efficiently. She noted the Resolution adopts a policy to proceed on making repairs at a cost benefit by the selection of vendors and type of equipment they have available. She added it designates a sewer insurance person to oversee the sewer insurance program. The details will be overseen by the sewer leader. Ms. Greene stated the Resolution allows for pre - qualification of contractors, much like the City's towing program, based on their equipment and cost. Mr. Gilot added the City will keep doing what they have been doing, and leave the technologies to staff to figure out. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, Resolution No` 70 -2010 was adopted by the Board of Public Works subject to circulating the Resolution to Legal, Finance, and Purchasing. APPROVAL OF AGREEMENTS /CONTRACTS/PROPOSALS /ADDENDA The following Agreements /Contracts /Proposals /Addenda were submitted to the Board for approval: Type Business Description Amount Motion/ Second Uniform & Cintas Uniform Rental Agreement $105,000.00/ Gilot/Inks Facility Corporation Extension of Current Prices Year --- Services through 12/11/12 $210,000.00 Rental Total Contract (Department Addendum Operating Budgets) Contract Potato Creek Additional Water Testing for Additional Littrell /Inks Amendment and Indiana Potato Creek State Park $450 Paid to Department of City Natural Resources Addendum Near Add 632 Portage Avenue to $50,000 Inks /Littrell to Northwest the (COIT) and Authorize Agreement Neighborhood Acquisition/Demolition/Land- Attorney Inc. scaping City/NNN Agreement Cheryl Greene to Prepare Paperwork to Release Obligation Remaining on Curb and Sidewalk Program. Professional Lawson- Design of East Bank Sewer $375,598 RATIFY Services Fisher Separation — Phase I — Project (2007 Sewer Littrell /Inks Proposal Associates No. 109 -070 Bond) P.C. Professional Abonmarche Construction Inspection for Increase of Inks /Littrell Services the Twyckenham Trunk $15,000; Agreement Storm Sewer — Project No. New Total Amendment 108 -050 $185,000 No. 2 (2007B Sewer Bond) Professional ME Simpson As- Needed 2010 -2011 $7,500 Littrell /Inks Services Company Emergency Leak Detection ( Water Agreement for Water Systems Operations) Purchase Aida Ortiz Purchase of City Property at $600 (Paid to Inks /Littrell Agreement 522 Cleveland Avenue I City) APPROVAL OF 2011 HOLIDAY SCHEDULE FOR CITY EMPLOYEES Ms. Janice Hall, Human Resources, submitted the 2011 Holiday Schedule for City Employees, approved by the Mayor. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following schedule was approved: REGULAR MEETING NOVEMBER 8, 2010 348 New Year's Day Good Friday Memorial Day Independence Day (Observed) Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day (Observed) Friday, December 31, 2010* Friday, April 22, 2011 Monday, May 30, 2011 Monday, July 4, 2011 Monday, September 5, 2011 Friday, November 11, 2011 Thursday, November 24, 2011 Friday, November 25, 2011 Monday, December 26, 2.011 In addition to the nine (9) designated holidays above, employees may choose one (1) additional floating holiday, which can be any day of the employee's choosing subject to supervisor's approval. * South Bend Municipal Code — Sec. 2 -121 (b) APPROVAL OF 2011 BOARD OF PUBLIC WORKS SCHEDULE Upon a motion by Mr. Inks, seconded by Mr. Littrell and carried, the following 2011 Board of Public Works Regular Meeting and Claims Review Schedules were approved: Location: Board of Public Works Meeting Room 1308 County -City Building South Bend, Indiana 46601 Agenda Items Due Tuesdays, 12:00 p.m. Agenda Session Meetings Thursdays, 10:30 a.m. Regular Meeting Mondays, 9:30 a.m. January 4 January .6 January 10 January 18 January 20 January 24 February 8 February 10 February 14 February 22 February 24 February 28 March 8 March 10 March 14 March 22 March 24 March 28 Aril 5 Aril l April I1 Aril 19 April 21 Aril 25 May 3 May 5 May 9 May 17 May 19 May 23 June 7 June 9 June 13 June 21 June 23 June 27 July 5 July 7 July 11 July 19 July 21 July 25 August 2 August 4 August 8 August 16 August 18 August 22 September 6 September 8 September 12 September 20 September 22 September 26 October 4 October 6 October 10 October 18 October 20 October 24 November 1 November 3 November 7 November 15 November 17 November 21 December 6 December 8 December 12 December 19 December 22 (FINAL) Claim Review Sessions — 8:30 a.m. January 3, 17, 31 February 7, 21 March 7, 21 April 4, 18 May 2, 16, 31 June 6, 20 July 5, 18 August 1, 15, 29 REGULAR MEETING September 6, 19 October 3, 17, 31 November 14, 28 December 5, 12, 27 APPROVAL OF PROCESSION The following procession was presented for approval: NOVEMBER 8, 2010 349 Applicant Description Date/Time Location Motion Carried Erskine Boulevard Procession; December 11, Erskine Blvd. from Inks /Littrell Association 26th Annual 2010; 6:00 p.m. Ewing St. to Donmoyer Erskine to 9:00 P.M. Ave. Boulevard Candlelight Walk FAVORABLE RECOMMENDATION - PETITION TO VACATE THE NORTH HALF OF THE FIRST NORTH /SOUTH ALLEY WEST OF WALNUT STREET BETWEEN DUNHAM STREET AND FISHER STREET Mr. Gilot indicated that Juanita and Lucio Cantu, 1336 West Dunham Street, South Bend, Indiana 46619, has submitted a request to vacate the above referenced alley. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Community & Economic Development and Engineering. Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right- of-way by the neighborhood in which it is located or to which it is contiguous. Therefore, Mr. Littrell made a motion that the Clerk send a letter to the petitioner of favorable recommendation for the vacation. Mr. Inks seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE NORTH /SOUTH ALLEY FROM BRYAN STREET NORTH TO THE EAST /WEST ALLEY EAST OF INGLEWOOD STREET AND WEST OF SHERMAN AVENUE Mr. Gilot indicated that Willie Rogers, 1033 West Bryan Street, South Bend, Indiana 46616, has submitted a request to vacate the above referenced alley. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Community & Economic Development and Engineering. Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right -of -way by the neighborhood in which it is located or to which it is contiguous. Engineering stated the petitioner needs to be in agreement with the neighbors on the placement of a fence, and will need to close the curb and sidewalk across the approach. Therefore, Mr. Gilot made a motion that the Clerk send a letter to the petitioner of favorable recommendation regarding this vacation, subject to the noted issues being addressed. Mr. Littrell seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following traffic control devices were approved: NEW INSTALLATION LOCATIONS: REMARKS: Handicapped Accessible Parking Space Sign 1925 Berkley Place 1101 South Twyckenham 722 South 35th Street 1522 N. Adams All criteria has been met REGULAR MEETING NOVEMBER 8, 2010 350 APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE — 26377 EDISON ROAD — SEWER Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Mr. Lonnie Lunk, 26377 Edison Road, South Bend, Indiana 46628. The Consent indicates that in consideration for permission to tap into public sanitary sewer system of the City, to provide sanitary sewer service to the above referenced property at 26377 Edison Road, South Bend, Indiana 46628 (Key 4 021 - 1043 - 0731), Mr. Lunk waives and releases any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Mr. Inks made a motion that the Consent be approved. Mr. Littrell seconded the motion, which carried. FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Certificates of Insurance for the following businesses were accepted for filing: Bruce Fisher Concrete, Osceola D &B Plumbing, LLC, Mishawaka CJ's Pub, South Bend RATIFY APPROVAL AND /OR RELEASE CONTRACTOR AND EXCAVATION BONDS Mr. Anthony Molnar, Division of Engineering, recommended that the following Contractor and Excavation Bonds be ratified pursuant to Resolution 100 -2000 and /or released as follows: Business Bond Type Approved/ Released Effective Date Gerald Libertowski D /B /A A -1 Builders Excavation Release December 6, 2010 A &W Engineering, Inc. Excavation Release November 26, 2010 Mr. Gilot made a motion that the Bonds approval and/or release as outlined above be ratified. Mr. Inks seconded the motion, which carried. APPROVE CLAIMS Mr. Inks stated that a request to pay the following claims in the amounts indicated has been received by the Board; each claim is fully supported by an invoice; the person receiving the goods or services has approved the claims; and the claims have been filed with the City Fiscal Officer and certified for accuracy. Name Amount of Claim Date City of South Bend $1,701.49 11/3/10- City of South Bend $1,568,205.48 11/8/10 Eddy Street Commons bond $1,595.00 11 /8 /10 Therefore, Mr. Inks made a motion that after review of the expenditures, the claims be approved as submitted. Mr. Littrell seconded the motion, which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the meeting adjourned at 10:43 a.m. BOARD OF PUBLIC WORKS �'( z r Gary A. Gilot, residcnt Donald E. Inks, Member REGULAR MEETING ATTEST: 'inda M. Martin, Clerk NOVEMBER 8, 2010 351 Carl P. Littrell, Member